Legal Opinion
Flacke v. Freshwater Wetlands Appeals Board
New York Court of Appeals
Decided October 20, 1981PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
The issue presented in this case is whether the Commissioner of the Department of Environmental Conservation may, by means of an article 78 proceeding, seek review of a determination of the Freshwater Wetlands Appeals Board reversing a determination of his department. A State agency, of course, has only those powers conferred upon it by the Legislature. We conclude today that the Legislature has so empowered the commissioner to challenge an adverse determination of the Freshwater Wetlands Appeals Board.
The Freshwater Wetlands Act (ECL art 24) was promulgated…
2Cases cited3 opinions
- Pooler v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1977
- Pooler v. Public Service CommissionNew York Court of Appeals · 1977
- Flacke v. Freshwater Wetlands Appeals BoardNew York Supreme Court · 1979
3Cited by12 opinions
- Community Board 7 v. SchafferNew York Court of Appeals · 1994
- City of New York v. City Civil Service CommissionNew York Court of Appeals · 1983
- Yonkers Commission on Human Rights v. City of YonkersDistrict Court, S.D. New York · 1987
- D.B.S. Realty, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1994
- Community Board No. 4 v. Board of EstimateAppellate Division of the Supreme Court of the State of New York · 1982
7 more not listed; retrieve them via the Exa API.